Judge Refuses To Dismiss, Remands Pennsylvania's Suit Over Companies' Discharges

CLARKSBURG, W.Va. - Claims by the Commonwealth of Pennsylvania and a state agency that waste water emissions from three West Virginia companies violated state law are not preempted by the Clean Water Act (CWA), a federal judge in West Virginia ruled Sept. 4 when granting the plaintiffs' motion to remand and denying without prejudice the companies' motion to dismiss (Commonwealth of Pennsylvania, et al. v. Consol Energy Inc., et al.,  No. 11CV161, N.D. W.Va.; 2012 U.S. Dist. LEXIS 124763).

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